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How Does Child Custody Court Decide Who Gets Custody?

Gorry Terry

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Many parents involved in a child custody battle are rightly concerned about how the court will decide in their custody case. The principal factors in determining who gets custody of your child. .

Child custody is a painful and stressful process that many parents, unfortunately, find themselves in when a relationship breaks down. One of their principal fears is the unknown and not knowing how a court will look at their case and what criteria will be applied when deciding to award custody to one parent or the other.

There used to be a presumption that the mother was the best person to grant custody of the child to; however with the changes in society being reflected in the laws governing child custody there has been a shift in attitude.

Now there is no such presumption in favour of the mother but rather it is up to both parents to make their case as to why they should be appointed sole custodian of the child. The paramount consideration of the court will be what are the best interests of the child and this can only be judged when each side puts their case forward.

It is important to remember that you do not need to be in court at all if you can come to an agreement with the other parent as to custody arrangements. Once this is arrived at you can then go to court and have it made an order of court which will be legally binding on both parties.

This is where a good child custody lawyer can be helpful and help you put your best foot forward and the skill of a good child custody attorney will be in threading a fine line between putting your case forward in the best way possible and the inflammation of an already tense situation.

Child custody is an area of law that requires specialized knowledge and an understanding of the issues for both parties and the child. Unlike many areas of law where a confrontational approach might be most appropriate, child law needs a different more conciliatory approach. .

Check out child custody issues and child support calculators at


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